Estate Planning Attorney Utah & Probate Laws

Probate is the process carried out in court which transfers the property of a deceased person to their heirs. Ideally, the deceased person will have prepared their estate plan before they pass away, in order to simplify the probating process. In some circumstances, there is no will or trust. In other circumstances, there is a legal challenge to the validity of the estate plan.

At Henriksen Henriksen, we can assist you in the complicated process of probating an estate. We can assure you that your rights and property interests are protected and distributed to you and your family fairly. We handle these types of disputes, and can meet with you to discuss commencing litigation to preserve or defend your rights.

A trust establishes a separate entity somewhat like a corporation that holds and manages all your property. Trusts can be active during your lifetime or they can become active at your death. A revocable living trust is the most commonly used means today for families to protect and control their estate. Since the trust does not die or become incapacitated, no probate is generally necessary to authorize a person to act in the deceased or incapacitated person’s place. With a trust, no court intervention is usually needed. The trust is revocable and can be amended by the settlor during his or her lifetime. At Henriksen Henriksen, we can help you to set up a well-thought-out trust which will protect your property, provide benefits to your children, and save your estate money.

A Will is a set of instructions as to how you desire your property to be distributed upon your death. The Will includes directions as to who should manage your estate, and who should be the guardian of your minor children. Wills do not generally avoid probate, but rather they plan for probate. Wills only come into effect upon your death and do not provide any protection for you and your family during your life or in the case of incapacity.